Practice Areas

Ancillary Probate is a service often needed by out-of-state attorneys for non-resident decedents. As an attorney licensed in California, Oregon, and Washington, I am able to perform the "local probate" required to get real property transferred to beneficiaries for a state other than the main probate.

Forming a business involves a choice of ownership types. Without making a choice, the business typically defaults to a sole proprietorship or a partnership, depending on the number of owners. For small businesses, the better business practice is to form an LLC (Limited Liability Company) or to incorporate with an S Corporation or a C Corporation. Picking the right business structure is best done with the consultation of an attorney and an accountant.

Reviewing and creating contracts is an essential skill needed for a small town attorney. Contracts come in many forms and sizes. Wading through the legal-eze is often best done with the assistance of an attorney.

For business owners, the aid of an attorney can be required for many aspects of running a business. Beyond formation concerns, running a business requires staying in compliance with governmental laws and regulations. Employee issues can trigger a need for an attorney. Intellectual property topics (i.e., copyrights, trademarks, trade secrets, and patents) can arise, either as a protection of corporate assets or as a response from a demand letter for infringement.

Out-of-state attorneys often find themselves in a pickle when trying to transfer real estate into a new revocable trust made in one state, but with some of the client's real property in another state. To avoid the unauthorized practice of law in a state where an attorney is not licensed, the need arises to have a local attorney do the deed preparation for the revocable living trust.

Elder law includes a lot of different areas of law, collected together in one grouping. Typical topic areas include: healthcare, estate planning, guardianship planning, elder abuse issues, financial planning, and just about everything in-between, including working with loved ones during challenging times.

Estate planning is perhaps my favorite area of practice. An estate plan often involves a revocable living trust (RLT), although depending upon the financial circumstances, this may not be required. When an RLT is used, the estate plan will include a Certificate of Trust and a pour-over will. For non-trust estate plans, there is a traditional will, which may or may not include a testamentary trust. Having a power-of-attorney is important for situations where one becomes unable to handle one's financial affairs. A medical power-of-attorney, or an advance directive, is another important document for situations where one is not able to explain life choices to medical providers.

When a probate is needed (i.e., no trust), the process can be complicated. As an attorney licensed in California, Oregon and Washington, a great deal of my practice has involved probate. The probate process begins with a petition to the court for the appointment of a personal representative. Once appointed, a host of notices go out the door, and a newspaper legal notice is run in a local paper for three successive weeks. Creditors are put on notice, and the personal representative deals with many of the issues personally, leaving the legal issues for the attorney.

Many issues can arise from the ownership of real property. The practice of real estate law overlaps at times with other areas of law, including family law, estate planning, probate, and other situations where the creation of a deed is required. Other issues include: easements, prescriptive easements, adverse possession, trespass, encroachments, lot line disputes, trees, fences, surveying issues, water rights, and issues with the city and county.

For small estates, there are "small estate affidavits" that are often used, rather than using the full probate process. These are cost effective ways of getting assets transferred to the beneficiaries or heirs, when the estate falls under certain state-by-state asset limits. In California, Oregon, and Washington the requirements and court involvement differ, so it is best to get help instead of going it alone.

This is a main area of law for Greg Freeze. Typical areas of client concern include last wills and testaments, codicils, revocable and irrevocable trusts, living wills, powers of attorney, advanced medical directives, and HIPAA waivers. For those in Sun City Palm Desert, this will attract the most new clients largely because as a retirement community, the topic is relevant for most.